Sleep apnea decisions — 2014

The Veteran seeks service connection for a skin disability, specifically acne rosacea. The Board has determined that additional development is needed as the recent submitted service treatment records were not available for review by the examiner.

The Board has remanded the Veteran's claims for service connection for bilateral fallen arches, sleep apnea, and GERD due to incomplete or insufficient opinions in the previous VA examinations. The claims are being returned for further development.

The Board denied the Veteran's claims of entitlement to service connection for erectile dysfunction and sleep apnea, finding no evidence of in-service injury or disease related to these conditions. The Board also found that there was insufficient competent medical evidence to establish a nexus between any current disability and military service.

The Veteran's claim for a higher rating for his low back disability was granted, with the effective date being July 2014. The claims for service connection of right knee and sleep apnea disabilities were also granted as secondary to his low back disability.

The Board has determined that the Veteran's sleep apnea is not causally or etiologically related to service, and specifically finds it was not caused by his service-connected esophageal spasms, GERD, and/or PTSD.

The Board is reopening the claim of entitlement to service connection for an eye disorder (defective vision) and remanding it along with the other three claims for further development. The Veteran should be scheduled for VA compensation examinations for his claims for service connection for a neck or cervical spine condition, sleeping problems, and an eye disability.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for higher disability ratings or service connection.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's sleep apnea is caused by or aggravated by his service-connected PTSD. The AOJ must obtain updated VA treatment records and schedule the Veteran for an appropriate VA examination.

The Veteran's combined service-connected disabilities are 60 percent disabling due to a common etiology: right hip degenerative arthritis, left hip degenerative arthritis, and lumbosacral strain. The evidence shows the Veteran is unemployable solely due to his service-connected disabilities.

The Board denied the Veteran's claim for service connection for Polyarteritis Nodosa (PAN), finding that there was no evidence of a causal relationship between his active duty service, including exposure to Agent Orange, and his current condition. The VA opinions provided were considered speculative.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active service, and thus grants the claim for service connection.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea and whether it is related to her service. The Veteran will need a medical examination to determine if her current condition is linked to in-service symptoms.

The Board has determined that further development is needed to determine if the Veteran's sleep apnea had its onset during his period of active duty service and whether it is otherwise related to service. The claim will be remanded for a VA examination and any additional development as requested.

The Veteran's service connection claims for bilateral hip and knee disorders, peripheral neuropathy/radiculopathy, and pes planus were granted. He was assigned a 10% disability rating for pes planus effective October 17, 2013.

The Veteran's claim for an effective date earlier than July 27, 2004, for service connection of obstructive sleep apnea was granted. The effective date is set at November 10, 2003.

The Board finds that the Veteran's current sleep apnea, psychiatric disorder (including Major Depressive Disorder and Posttraumatic Stress Disorder), and bilateral pes planus were not shown in service or for years thereafter. The evidence does not support a finding of an in-service event or injury resulting in these conditions.

The Veteran seeks a higher initial evaluation for his service-connected traumatic arthritis of the lumbosacral spine. The case is being remanded to obtain updated medical records and to schedule the Veteran for an examination to determine the severity of his disability.

The Veteran's claims for hypertension, respiratory disorders, chronic sinus infections, and peripheral neuropathy have been denied as there is no evidence of a disease associated with herbicide exposure during service. The presumptive regulations do not apply in this case due to lack of a qualifying condition.

The Veteran's sleep apnea is not related to his military service or service-connected PTSD.,There is no evidence of left ear hearing loss during service, and the current condition does not meet VA criteria for a disability.

The Board found that the Veteran's current lumbar spine disability, including lumbosacral strain, degenerative disc disease, or herniated disc, was not related to service and denied her claim for service connection.